CHAPTER XI -- THE JUDGES. 1431.

The name of Pierre Cauchon, Bishop of Beauvais, appears to us at this

long distance as arising out of the infernal mists, into which, when his

ministry of shame was accomplished, he disappeared again, bearing with

him nothing but hatred and ill fame. Yet in his own day and to his

contemporaries, he was not an inconsiderable man. He was of Rheims,

a great student, and excellent scholar, the friend of many good men,

highly esteemed among the ranks of the learned, a good man of business,

which is not always the attribute of a scholar, and at the same time a

Burgundian of pronounced sentiments, holding for his Duke, against the

King. When Beauvais was summoned by Charles, after his coronation, at

that moment of universal triumph when all seemed open for him to march

upon Paris if he would, the city had joyfully thrown open its doors to

the royal army, and in doing so had driven out its Bishop, who was hot

on the other side. He would not seem to have been wanted in Paris at

that moment. The "triste Bedford," as Michelet calls him, had no means

of employing an ambitious priest, no dirty work for the moment to give

him. It is natural to suppose that a man so admirably adapted for that

employment went in search of it to the ecclesiastical court, not

beloved of England, which the Cardinal Bishop of Winchester held there.

Winchester was the only one of the House of Lancaster who had money to

carry on the government either at home or abroad. The two priests,

as the historians are always pleased to insinuate in respect to

ecclesiastics, soon understood each other, and Winchester became aware

that he had in Cauchon a tool ready for any shameful enterprise. It is

not, however, necessary to assume so much as this, for we have not the

least reason to believe that either one or the other of them had the

slightest doubt on the subject of Jeanne, or as to her character. She

was a pernicious witch, filling a hitherto invincible army with that

savage fright which is but too well understood among men, and which

produces cruel outrages as well as cowardly panic. The air of this very

day, while I write, is ringing with the story of a woman burnt to death

by her own family under the influence of that same horrible panic and

terror. Cauchon was the countryman, almost the _pays_--an untranslatable

expression,--of Jeanne; but he did not believe in her any more than the

loftier ecclesiastics of France believed in Bernadette of Lourdes,

who was of the spiritual lineage of Jeanne, nor than we should believe

to-day in a similar pretender. It seems unnecessary then to think of

dark plots hatched between these two dark priests against the white,

angelic apparition of the Maid.

What services Cauchon had done to recommend him to the favour of

Winchester we are not told, but he was so much in favour that the

Cardinal had recommended him to the Pope for the vacant archbishopric

of Rouen a few months before there was any immediate question of Jeanne.

The appointment was opposed by the clergy of Rouen, and the Pope had not

come to any decision as yet on the subject. But no doubt the ambition of

Cauchon made him very eager, with such a tempting prize before him, to

recommend himself to his English patron by every means in his power. And

he it was who undertook the office of negotiating the ransom of Jeanne

from the hands of Jean de Luxembourg. We doubt whether after all it

would be just even to call this a nefarious bargain. To the careless

seigneur it would probably be very much a matter of course. The ransom

offered--six thousand francs--was as good as if she had been a prince.

The ladies at home might be indignant, but what was their foolish fancy

for a high-flown girl in comparison with these substantial crowns in his

pocket; and to be free from the responsibility of guarding her would be

an advantage too. And if her own party did not stir on her behalf, why

should he? A most pertinent question. Cauchon, on the other hand, could

assure all objectors that no summary vengeance was to be taken on

the Maid. She was to be judged by the Church, and by the best men the

University could provide, and if she were found innocent, no doubt would

go free.

They must have been sanguine indeed who hoped for a triumphant acquittal

of Jeanne; but still it may have been hoped that a trial by her

countrymen would in every case be better for her than to languish in

prison or to be seized perhaps by the English on some after occasion,

and to perish by their hands. Let us therefore be fair to Cauchon, if

possible, up to the beginning of the _Procès_. He was no Frenchman,

but a Burgundian; his allegiance was to his Duke, not to the King of

England; but his natural sovereign did so, and many, very many men of

note and importance were equally base, and did not esteem it base at

all. Had the inhabitants of Rheims, his native town, or of Rouen,

in which _his_ trial and downfall took place as well as Jeanne's,

pronounced for the King of Prussia in the last war, and proclaimed

themselves his subjects, the traitors would have been hung with infamy

from their own high towers, or driven into their river headlong. But

things were very different in the fifteenth century. There has never

been a moment in our history when either England or Scotland has

pronounced for a foreign sway. Scotland fought with desperation for

centuries against the mere name of suzerainty, though of a kindred race.

There have been terrible moments of forced subjugation at the point of

the sword; but never any such phenomena as appeared in France, so far

on in the world's history as was that brilliant and highly cultured

age. Such a state of affairs is to our minds impossible to understand

or almost to believe: but in the interests of justice it must be fully

acknowledged and understood.

Cauchon arises accordingly, not at first with any infamy, out of the

obscurity. He had been expelled and dethroned from his See, but this

only for political reasons. He was ecclesiastically Bishop of Beauvais

still; it was within his diocese that the Maid had taken prisoner, and

there also her last acts of magic, if magic there was, had taken place.

He had therefore a legal right to claim the jurisdiction, a right which

no one had any interest in taking from him. If Paris was disappointed

at not having so interesting a trial carried on before its courts, there

was compensation in the fact that many doctors of the University were

called to assist Cauchon in his examination of the Maid, and to bring

her, witch, sorceress, heretic, whatever she might be, to question.

These doctors were not undistinguished or unworthy men. A number of them

held high office in the Church; almost all were honourably connected

with the University, the source of learning in France. "With what art

were they chosen!" exclaims M. Blaze de Bury. "A number of theologians,

the élite of the time, had been named to represent France at the council

of Bâle; of these Cauchon chose the flower." This does not seem on the

face of it to be a fact against, but rather in favour of, the tribunal,

which the reader naturally supposes must have been the better, the more

just, for being chosen among the flower of learning in France. They were

not men who could be imagined to be the tools of any Bishop. Quicherat,

in his moderate and able remarks on this subject, selects for special

mention three men who took a very important part in it, Guillame Érard,

Nicole Midi, and Tomas de Courcelles. They were all men who held a high

place in the respect of their generation. Érard was a friend of Machet,

the confessor of Charles VII., who had been a member of the tribunal

at Poitiers which first pronounced upon the pretensions of Jeanne; yet

after the trial of the Maid Machet still describes him as a man of the

highest virtue and heavenly wisdom. Nicole Midi continued to hold an

honourable place in his University for many years, and was the man

chosen to congratulate Charles when Paris finally became again the

residence of the King. Courcelles was considered the first theologian of

the age. "He was an austere and eloquent young man," says Quicherat,

"of a lucid mind, though nourished on abstractions. He was the first of

theologians long before he had attained the age at which he could assume

the rank of doctor, and even before he had finished his studies he was

considered as the successor of Gerson. He was the light of the council

of Bâle. Eneas Piccolomini (Pope Pius II.) speaks with admiration of his

capacity and his modesty. In him we recognise the father of the freedom

of the Gallican Church. His disinterestedness is shown by the simple

position with which he contented himself. He died with no higher rank

than that of Dean of the Chapter of Paris."

Did this in Cæsar seem ambitious? Was this the man to be used for

their vile ends by a savage English party thirsting for the blood of an

innocent victim, and by the vile priest who was its tool? It does not

seem so to our eyes across the long level of the centuries which clear

away so many mists. And no more dreadful accusation can be brought

against France than the suggestion that men like these, her best and

most carefully trained, were willing to act as blood-hounds for

the advantage and the pay of the invader. But there are many French

historians to whom the mere fact of a black gown or at least an

ecclesiastical robe, confounds every testimony, and to whom even the

name of Frenchman does not make it appear possible that a priest should

retain a shred of honour or of honesty. We should have said by the light

of nature and probability that had every guarantee been required for the

impartiality and justice of such a tribunal, they could not have

been better secured than by the selection of such men to conduct its

proceedings. They made a great and terrible mistake, as the wisest

of men have made before now. They did much worse, they behaved to an

unfortunate girl who was in their power with indescribable ferocity and

cruelty; but we must hope that this was owing to the period at which

they lived rather than to themselves.

It is not perhaps indeed from the wise and learned, the Stoics and

Pundits of a University, that we should choose judges for the divine

simplicity of those babes and sucklings out of whose mouth praise is

perfected. At the same time to choose the best men is not generally the

way adopted to procure a base judgement. Cauchon might have been subject

to this blame had he filled the benches of his court with creatures of

his own, nameless priests and dialecticians, knowing nothing but

their own poor science of words. He did not do so. There were but two

Englishmen in the assembly, neither of them men of any importance or

influence although there must have been many English priests in the

country and in the train of Winchester. There were not even any special

partisans of Burgundy, though some of the assessors were Burgundian by

birth. We should have said, had we known no more than this, that every

precaution had been taken to give the Maid the fairest trial. But at the

same time a trial which is conducted under the name of the Inquisition

is always suspect. The mere fact of that terrible name seems to

establish a foregone conclusion; few are the prisoners at that bar who

have ever escaped. This fact is almost all that can be set against the

high character of the individuals who composed the tribunal. At all

events it is no argument against the English that they permitted the

best men in France to be chosen as Jeanne's judges. It is the most

bewildering and astonishing of historical facts that they were so, and

yet came to the conclusion they did, by the means they did, and that

without falling under the condemnation, or scorn, or horror of their

fellow-men.

This then was the assembly which gathered in Rouen in the beginning of

1431. Quicherat will not venture to affirm even that intimidation was

directly employed to effect their decision. He says that the evidence

"tends to prove" that this was the case, but honestly allows that, "it

is well to remark that the witnesses contradict each other." "In all

that I have said," he adds, "my intention has been to prove that the

judges of the Maid had in no way the appearance of partisans hotly

pursuing a political vengeance; but that, on the contrary, their known

weight, the consideration which most of them enjoyed, and the nature

of the tribunal for which they were assembled, were all calculated to

produce generally an expectation full of confidence and respect."

Meanwhile there is not a word to be said for the treatment to which

Jeanne herself was subjected, she being, so far as is apparent, entirely

in English custody. She had been treated with tolerable gentleness it

would seem in the first part of her captivity while in the hands of Jean

de Luxembourg, the Count de Ligny. The fact that the ladies of the house

were for her friends must have assured this, and there is no complaint

made anywhere of cruelty or even unkindness. When she arrived in Rouen

she was confined in the middle chamber of the donjon, which was the best

we may suppose, neither a dungeon under the soil, nor a room under the

leads, but one to which there was access by a short flight of steps from

the courtyard, and which was fully lighted and not out of reach or sight

of life. But in this chamber was an iron cage,(1) within which she was

bound, feet, and waist and neck, from the time of her arrival until

the beginning of the trial, a period of about six weeks. Five English

soldiers of the lowest class watched her night and day, three in the

room itself, two at the door. It is enough to think for a moment of the

probable manners and morals of these troopers to imagine what torture

must have been inflicted by their presence upon a young woman who had

always been sensitive above all things to the laws of personal modesty

and reserve. Their course jests would no doubt be unintelligible to

her, which would be an alleviation; but their coarse laughter, their

revolting touch, their impure looks, would be an endless incessant

misery. We are told that she indignantly bestowed a hearty buffet on the

cheek of a tailor who approached her too closely when it was intended

to furnish her with female dress; but she was helpless to defend herself

when in her irons, and had to endure as she best could--the bars of

her cage let us hope, if cage there was, affording her some little

protection from the horror of the continual presence of these rude

attendants, with whom it was a shame to English gentlemen and knights to

surround a helpless woman.

When her trial began Jeanne was released from her cage, but was still

chained by one foot to a wooden beam during the day, and at night to the

posts of her bed. Sometimes her guards would wake her to tell her that

she had been condemned and was immediately to be led forth to execution;

but that was a small matter. Attempts were also made to inflict the

barest insult and outrage upon her, and on one occasion she is said to

have been saved only by the Earl of Warwick, who heard her cries and

went to her rescue. By night as by day she clung to her male garb,

tightly fastened by the innumerable "points" of which Shakespeare so

often speaks. Such were the horrible circumstances in which she awaited

her public appearance before her judges. She was brought before them

every day for months together, to be badgered by the keenest wits in

France, coming back and back with artful questions upon every detail

of every subject, to endeavour to shake her firmness or force her into

self-contradiction. Imagine a cross-examination going on for months,

like those--only more cruel than those--to which we sometimes see an

unfortunate witness exposed in our own courts of law. There is nothing

more usual than to see people break down entirely after a day or two

of such a tremendous ordeal, in which their hearts and lives are turned

inside out, their minds so bewildered that they know not what they are

saying, and everything they have done in their lives exhibited in the

worst, often in an entirely fictitious, light, to the curiosity and

amusement of the world.

But all our processes are mercy in comparison with those to which French

prisoners at the bar are still exposed. It is unnecessary to enter into

an account of these which are so well known; but they show that even

such a trial as that of Jeanne was by no means so contrary to common

usage, as it would be, and always would have been in England. In England

we warn the accused to utter no rash word which may be used against him;

in France the first principle is to draw from him every rash word that

he can be made to bring forth. This was the method employed with Jeanne.

Her judges were all Churchmen and dialecticians of the subtlest wit

and most dexterous faculties in France; they had all, or almost all, a

strong prepossession against her. Though we cannot believe that men of

such quality were suborned, there was, no doubt, enough of jealous and

indignant feeling among them to make the desire of convicting Jeanne

more powerful with them than the desire for pure justice. She was a true

Christian, but not perhaps the soundest of Church-women. Her visions had

not the sanction of any priest's approval, except indeed the official

but not warm affirmation of the Council at Poitiers. She had not

hastened to take the Church into her confidence nor to put herself under

its protection. Though her claims had been guaranteed by the company

of divines at Poitiers, she herself had always appealed to her private

instructions, through her saints, rather than to the guiding of any

priest. The chief ecclesiastical dignitary of her own party had just

held her up to the reprobation of the people for this cause: she was too

independent, so proud that she would take no advice but acted according

to her own will. The more accustomed a Churchman is to experience

the unbounded devotion and obedience of women, the more enraged he is

against those who judge for themselves or have other guides on whom

they rely. Jeanne was, beside all other sins alleged against her, a

presumptuous woman: and very few of these men had any desire to acquit

her. They were little accustomed to researches which were solely

intended to discover the truth: their principle rather was, as it has

been the principle of many, to obtain proofs that their own particular

way of thinking was the right one. It is not perhaps very good even for

a system of doctrine when this is the principle by which it is tested.

It is more fatal still, on this principle, to judge an individual for

death or for life. It will be abundantly proved, however, by all that is

to follow, that in face of this tribunal, learned, able, powerful, and

prejudiced, the peasant girl of nineteen stood like a rock, unmoved

by all their cleverness, undaunted by their severity, seldom or never

losing her head, or her temper, her modest steadfastness, or her high

spirit. If they hoped to have an easy bargain of her, never were men

more mistaken. Not knowing a from b, as she herself said, untrained,

unaided, she was more than a match for them all.

Round about this centre of eager intelligence, curiosity, and prejudice,

the cathedral and council chamber teeming with Churchmen, was a dark and

silent ring of laymen and soldiers. A number of the English leaders were

in Rouen, but they appear very little. Winchester, who had very

lately come from England with an army, which according to some of the

historians would not budge from Calais, where it had landed, "for fear

of the Maid"--was the chief person in the place, but did not make any

appearance at the trial, curiously enough; the Duke of Bedford we are

informed was visible on one shameful occasion, but no more. But Warwick,

who was the Governor of the town, appears frequently and various other

lords with him. We see them in the mirror held up to us by the French

historians, pressing round in an ever narrowing circle, closing up upon

the tribunal in the midst, pricking the priests with perpetual sword

points if they seem to loiter. They would have had everything pushed on,

no delay, no possibility of escape. It is very possible that this was

the case, for it is evident that the Witch was deeply obnoxious to the

English, and that they were eager to have her and her endless process

out of the way; but the evidence for their terror and fierce desire to

expedite matters is of the feeblest. A canon of Rouen declared at the

trial that he had heard it said by Maître Pierre Morice, and Nicolas

l'Oyseleur, judges assessors, and by other whose names he does not

recollect, "that the said English were so afraid of her that they did

not dare to begin the siege of Louviers until she was dead; and that it

was necessary if one would please them, to hasten the trial as much as

possible and to find the means of condemning her." Very likely this was

quite true: but it cannot at all be taken for proved by such evidence.

Another contemporary witness allows that though some of the English

pushed on her trial for hate, some were well disposed to her; the manner

of Jeanne's imprisonment is the only thing which inclines the reader to

believe every evil thing that is said against them.

Such were the circumstances in which Jeanne was brought to trail. The

population, moved to pity and to tears as any population would

have been, before the end, would seem at the beginning to have been

indifferent and not to have taken much interest one way or another: the

court, a hundred men and more with all their hangers-on, the cleverest

men in France, one more distinguished and impeccable than the others:

the stern ring of the Englishmen outside keeping an eye upon the tedious

suit and all its convolutions: these all appear before us, surrounding

as with bands of iron the young lonely victim in the donjon, who

submitting to every indignity, and deprived of every aid, feeling that

all her friends had abandoned her, yet stood steadfast and strong in

her absolute simplicity and honesty. It was but two years in that same

spring weather since she had left Vaucouleurs to seek the fortune of

France, to offer herself to the struggle which now was coming to an end.

Not a soul had Jeanne to comfort or stand by her. She had her saints

who--one wonders if such a thought ever entered into her young visionary

head--had lured her to her doom, and who still comforted her with

enigmatical words, promises which came true in so sadly different a

sense from that in which they were understood.

(1) We are glad to add that the learned Quicherat has doubts

on the subject of the cage.

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